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Monday, February 06, 2012

Ind. Gov't. - "Marion County judge grants permanent order blocking state from seizing pay of House Democrats"

Chris Sikich's Indianapolis Star story was posted early this evening. Some quotes:

A Marion County judge has granted a permanent order blocking the state from seizing pay of House Democrats to cover the fines being imposed for the legislative walk-out.

The ruling, issued late today by Judge David Dreyer, orders the state to return any money that was seized in 2011 and to stop any action to collect fines imposed this year. However, the order is on hold until the Indiana Supreme Court rules whether the local court has jurisdiction in the case. No hearings have been set. * * *

Attorney General Greg Zoeller announced late today in a news release he plans to appeal the Marion County court's ruling. Zoeller will ask that the appeal be transferred to the Indiana Supreme Court.

Zoeller said under constitutional separation of powers, trial courts can't interfere with the business of the legislature or its internal rules.

"The interruption that led to the recent legislative fines ended when session resumed and legislators now should work out among themselves whether to collect fines," Zoeller said. "We disagree with the trial court’s prolonging this internal dispute and the precedent it would establish, and we will respectfully ask a higher court to redirect the dispute promptly and conclusively to the place it belongs: the Legislature."

The ILB has now obtained a copy of Judge Dreyer's order.

Posted by Marcia Oddi on February 6, 2012 07:59 PM
Posted to Indiana Government